Chapter 901:4-6 Ohio Proud Program

(A)
"Advertisement" means any written, printed, verbal or graphic representation,
or combination thereof, of any product with the purpose of influencing consumer
opinion as to the characteristics, qualities or image of the commodity, food,
feed, or fiber except labeling information as required by any government;

(B)
"Board" means the advisory
committee appointed by the director to advise the Ohio department of
agriculture, marketing division, in administering the Ohio proud program;

(C)
"Director" means the director
of the Ohio department of agriculture, or his designee;

(D)
"Label" means any written, printed, or
graphic design that is placed on, or in near proximity to, any product whether
in the natural, processed state or any combination thereof;

(E)
"License" means the written agreement
through which the Ohio department of agriculture grants authorization to use
the Ohio proud logo.

(1)
That for processed products fifty
per cent or more of the product by weight, if sold by weight, by measure, if
sold by measure, by number, if sold by count, were grown, raised or processed
in Ohio.

(2)
That for raw products
one hundred per cent of the product by weight, if sold by weight, by measure,
if sold by measure, by number, if sold by count, were grown or raised in Ohio
provided that upon recommendation from the board and acceptance by the director
a lesser per cent may be allowed for a product, but in no event less than fifty
per cent.

(a)
A product
registration application for each product they will market in conjunction with
the logotype providing all of the information requested on the forms and any
additional information requested by the director; and,

(c)
The actual employment or a
facsimile of the actual employment of the logotype in complete content; and

(d)
The product registration fee
set by rule
901:4-6-05 of the
Administrative Code; and,

(e)
If
requested, samples of products with which the logotype will be used.

(B)
Upon compliance
with paragraphs (A)(1), and (A)(2) of this rule, and approval the actual
employment of the logotype, and the product for marketing in conjunction with
the logotype, a license to the applicant, register the product, and approve the
employment of the logotype will be issued.

(C)
Each product registered under this rule
shall expire on December 31 of each calendar year. To continue use of the
logotype in conjunction with a product, registration must be renewed and the
registration fee paid within thirty days immediately preceding the expiration
date.

(D)
Products, whose
registration is not renewed, may, if in the channel of distribution at
expiration date, continue to be marketed in conjunction with the logotype until
either sold or otherwise removed from the channel of distribution, or for one
year, whichever occurs first. Products which have not been sold or otherwise
removed from the channel of distribution at the end of the one year period must
discontinue use of the logotype or withdrawn from distribution.

(E)
Upon expiration of a product registration
or termination of a license agreement, except as provided in paragraph (D) of
this rule, the licensee shall cease any and all use of the logotype in
conjunction with those products for which the registration has expired or the
license been terminated.

(F)
The
director of agriculture shall designate market categories for products and
publish a schedule of the market categories and products within each market
category.

(2)
Meet or exceed United States department of agriculture grade standards or Ohio
grade standards, whichever is higher, for the intended end use of the product;
and,

(3)
Are produced and
processed in compliance with applicable state and federal laws and regulations
enacted to ensure the safety and wholesomeness of agricultural products; and,

(4)
Are registered with the Ohio
department of agriculture in accordance with rule
901:4-6-03 of the
Administrative Code.

(5)
By
persons who have entered into a licensing agreement with the Ohio department of
agriculture to use the logo.

(B)
If application has been made to use the
logotype in conjunction with a product for which there is no United States
department of agriculture or Ohio grade standard, then a grade standard
established by that product's industry may be used as the grade standard for
that product.

(C)
The Ohio proud
logo shall not be used on any products which are sub standard.

(D)
Any person licensed to use the logotype
shall, upon request of the director of agriculture, submit a representative
sample of the products from the market category registered for use with the
logotype, and copies of the materials utilizing the logotype.

(E)
License to use the Ohio proud logo may
not be sold, franchised, or otherwise transferred to any other person.

(A)
A fee of
twenty-five dollars shall accompany the first application for registration of a
product within a market category as defined in rule
901:4-6-01 of the
Administrative Code. Thereafter no fee shall be required for registration of
additional products within a market category. If an application is rejected for
any reason, the fee shall be returned.

All applications received after June first of any given
calendar year, are subject to a pro-rated licensing fee. The pro-rated fee will
only be granted to a company in their first year of participation in the Ohio
proud program.

(B)
All
monies received from product registration fees and the sale of logotypes and
promotional materials shall be credited to a dedicated rotary fund and used to
finance the Ohio proud program.

(A)
The director
may, with the approval of the governor, establish and appoint a board to advise
the marketing division regarding the administration of the Ohio proud program.

(B)
The board shall be composed of
persons who are actively associated with the agricultural industry and shall
include by way of example but, not be limited to, producers, processors,
wholesalers, retailers, distributors, and commodity and trade association
directors.

(C)
The director may,
with just cause, remove any member of the advisory board and at the director's
discretion, fill the vacancy with another representative of an appropriate
industry.